PR for my Korean Wife

[morgansm]

My first post, so excuse the possible confusion and thanks in advance for reading.

I'm a Canadian citizen by birth and married my Korean wife about 10 years ago in Korea, Since then, we have lived together permanently in South Korea and had a Son together 7 years ago which now has Canadian Citizenship.

We are planning on moving to Canada, but not sure when. In any event. I'd like to help my wife get PR beforehand while we're living in Korea. However, my worries are that after she receives the PR, we must make the move to Canada within 1 year. And then have a total of 2 years within a 5 year span of days spent in Canada Is that the case?

But, correct me if I'm wrong, I seem to have read somewhere that IF we we continue to live together as a legally married couple, then we don't have to accumulate those years in Canada. Instead, the time wee spend living together in Korea during her PR, since I'm a Canadian Citizen, counts as "days spent outside of Canada" which are equally as valid in this case. Is that true? Or, must we mover to Canada within 1 year of receiving the PR letter in Korea, and then spend 2 of 5 years in Canada as well?

I'm hoping to help my wife get PR and then move to Canada at a time suitable to our family and NOT be bound my some rule.

Thanks so much in advance for any replies...

 

[Rob_TO]

My first post, so excuse the possible confusion and thanks in advance for reading.

I'm a Canadian citizen by birth and married my Korean wife about 10 years ago in Korea, Since then, we have lived together permanently in South Korea and had a Son together 7 years ago which now has Canadian Citizenship.

We are planning on moving to Canada, but not sure when. In any event. I'd like to help my wife get PR beforehand while we're living in Korea. However, my worries are that after she receives the PR, we must make the move to Canada within 1 year. And then have a total of 2 years within a 5 year span of days spent in Canada Is that the case?

But, correct me if I'm wrong, I seem to have read somewhere that IF we we continue to live together as a legally married couple, then we don't have to accumulate those years in Canada. Instead, the time wee spend living together in Korea during her PR, since I'm a Canadian Citizen, counts as "days spent outside of Canada" which are equally as valid in this case. Is that true? Or, must we mover to Canada within 1 year of receiving the PR letter in Korea, and then spend 2 of 5 years in Canada as well?

I'm hoping to help my wife get PR and then move to Canada at a time suitable to our family and NOT be bound my some rule.

Thanks so much in advance for any replies...

Sean

If you apply for her PR while still in Korea, you must submit proof that you actually intend to permanently move to Canada after she gets approved. If you have no immediate plan to do this, it may be difficult to provide such proof.

Ideally you want to submit her PR app around 1 year from before you actually intend to move.

If you can get her PR approved, she would have to do the PR landing in Canada by the expiry date on her COPR, typically 1 year from when she does her medical exam. So for some this just gives a few months or so to do the landing. However you could come to Canada, have her land and activate her PR status, and then immediately return back to Korea.

Once she has PR status, she can then live outside Canada forever and as long as she's living with her Canadian citizen spouse, she would always meet the Residency Obligation and keep her PR status so doesn't need to worry about 2-in-5-years rule.

 

[morgansm]

Thanks for your response. With respect to "ideally you want to submit her PR app around 1 year from before you actually intend to move," yes that is what I previously wanted to do. Perhaps in 4 years from now, just before our Son has to enter Middle School. That is when we'd like to get out so as to avoid the stress put upon him.

Though, as you know, right now the Trudeau (Liberal) government is in power and I see that they have made the PR process much more streamlined and far less paperwork involved. My fear is that next time around, when the Conservative government takes it turn in power they will reverse much of the time-saving the Liberals enacted; hence make it more Trump-like.

What do you think? Valid reason to apply and get the PR early, or is there nothing to worry about ?

I have the free time now, so that's one more reason why I'd like to get her the PR. Just as I got our son a Canadian Citizenship card immediately after birth (many people say why?), I'd also like to get the PR so as to not have to worry about getting it later - when possibly it's far more difficult.

Thanks again...

 

[Rob_TO]

Thanks for your response. With respect to "ideally you want to submit her PR app around 1 year from before you actually intend to move," yes that is what I previously wanted to do. Perhaps in 4 years from now, just before our Son has to enter Middle School. That is when we'd like to get out so as to avoid the stress put upon him.

Though, as you know, right now the Trudeau (Liberal) government is in power and I see that they have made the PR process much more streamlined and far less paperwork involved. My fear is that next time around, when the Conservative government takes it turn in power they will reverse much of the time-saving the Liberals enacted; hence make it more Trump-like.

What do you think? Valid reason to apply and get the PR early, or is there nothing to worry about ?

I have the free time now, so that's one more reason why I'd like to get her the PR. Just as I got our son a Canadian Citizenship card immediately after birth (many people say why?), I'd also like to get the PR so as to not have to worry about getting it later - when possibly it's far more difficult.

Thanks again...

Again, if you apply while in Korea you need to submit proof you intend to move back to Canada permanently after she gets PR. So things like proof you are looking for a permanent home in Canada, employment, etc etc. This may be difficult (and would actually be fraudulent) if you really have no intention to move for several more years.

Also I wouldn't use the Liberal government currently in power as excuse to apply now. First off, there is no reason to think the Conservatives would win the next election, at this point it's probably a good shot that Trudeau would win a 2nd term. And second, even if the Cons did win I doubt it would have much effect on spousal sponsorship times.

Canadian citizen is a completely different story. It's your kids right to have citizenship, so majority of people apply for it right away when their children are born overseas. This is not always to do with just needing to travel to Canada.

 

[morgansm]

After further thought and speaking with my wife, we've come to the conclusion that we'd like to make the move sooner rather than later. Especially for the sake of our child who has developed respiratory problems due to the toxic fine dust in the air. And, is really beginning to hate to the after school institutes (Hagwons) he must attend.

Given that conclusion, as I begin to fill out the forms I have become somewhat confused over the wording, etc. Since our 9yr old Son is already registered as a Canadian citizen and we are both the biological parents, is it necessary to declare him as on the form titled "Additional Family Information" - IMM 5406?

http://www.cic.gc.ca/english/pdf/kits/forms/IMM5406E.pdf

Thanks again

 

[Classic Chucks]

After further thought and speaking with my wife, we've come to the conclusion that we'd like to make the move sooner rather than later. Especially for the sake of our child who has developed respiratory problems due to the toxic fine dust in the air. And, is really beginning to hate to the after school institutes (Hagwons) he must attend.

Given that conclusion, as I begin to fill out the forms I have become somewhat confused over the wording, etc. Since our 9yr old Son is already registered as a Canadian citizen and we are both the biological parents, is it necessary to declare him as on the form titled "Additional Family Information" - IMM 5406?

http://www.cic.gc.ca/english/pdf/kits/forms/IMM5406E.pdf

Thanks again

Yes.

 

[Tubsmagee]

And, is really beginning to hate to the after school institutes (Hagwons) he must attend

Some of them seem to steal children's souls, or at least the bulk of their childhood.

 

[morgansm]

Some of them seem to steal children's souls, or at least the bulk of their childhood.

So very very true. Turns the kids into zombies unable to think for themselves. And, as you said, their childhood is lost within textbooks memorizing useless information.

So sad... All the more reason to get out of here asap before further damage is done.

 

[Rob_TO]

. Since our 9yr old Son is already registered as a Canadian citizen and we are both the biological parents, is it necessary to declare him as on the form titled "Additional Family Information" - IMM 5406?

http://www.cic.gc.ca/english/pdf/kits/forms/IMM5406E.pdf

Thanks again

Yes, ALL of your wife's family members go on that form. So your son, her siblings, and parents. However it's just listing their basic info for information purposes. Nobody on that form (including your son) needs to do police checks, medicals, etc. since none of them are being sponsored.